BRB No. 95-0392 BLA
                 
                                              

LILLIAN E. TURNER             )
  (Widow of CLYDE C. TURNER)  )
                              )
          Claimant-Petitioner )
                              )
     v.                       )
                              )
DRUMMOND COMPANY, INCORPORATED) 
                              )   DATE ISSUED:06/29/1995
          Employer-Respondent )
                              )
DIRECTOR, OFFICE OF WORKERS'  )
COMPENSATION PROGRAMS, UNITED )
STATES DEPARTMENT OF LABOR    )
                              )
          Party-in-Interest   )    DECISION and ORDER

     Appeal of the Decision and Order of James W. Kerr, Jr., Administrative Law
     Judge, United States Department of Labor.

     William Z. Cullen (Cooper, Mitch, Crawford, Kuyendall & Whatley), Birmingham,
     Alabama, for claimant.

     
     Before:  HALL, Chief Administrative Appeals Judge, BROWN and     DOLDER,
Administrative Appeals Judges. 

     
     PER CURIAM:


     Claimant[1]  appeals the Decision and Order
(93-BLA-1734) of Administrative Law Judge James W. Kerr, Jr. denying benefits on
a claim filed pursuant to the provisions of Title IV of the Federal Coal Mine
Health and Safety Act of 1969, as amended, 30 U.S.C. §901 et seq. (the
Act).  The administrative law judge credited the miner with "at least" forty-six
years of qualifying coal mine employment, found the existence of pneumoconiosis
established pursuant to 20 C.F.R. §718.202(a)(1), (2), but concluded that the
evidence failed to establish that the miner's death was due to pneumoconiosis
pursuant to 20 C.F.R. §718.205(c).  Accordingly, benefits were denied.   

     On appeal, claimant contends that the administrative law judge erred in his
weighing of Dr. Howell's opinion and in failing to find that the miner's death was
due to pneumoconiosis pursuant to Section 718.205(c).  Employer has not responded
to this appeal.  The Director, Office of Workers' Compensation Programs (the
Director), has declined to participate.[2] 

     The Board's scope of review is defined by statute.  If the administrative law
judge's findings of fact and conclusions of law are supported by substantial
evidence, are rational and are consistent with applicable law, they are binding
upon this Board and may not be disturbed.  33 U.S.C. §921(b)(3), as
incorporated by 30 U.S.C. §932(a); O'Keeffe v. Smith, Hinchman & Grylls
Associates, Inc., 380 U.S. 359 (1965).

     Claimant contends that the administrative law judge failed to consider Dr.
Howell's opinion dated July 29, 1992, Director's Exhibit 6, in conjunction with his
medical treatment notes spanning 1988 through 1992 and Dr. Howell's status as
claimant's treating physician.  Claimant's Brief at 2, 6-8.  Dr. Howell, in his
report of July 29, 1992, stated:

     [The miner] had an autopsy proving anthracosis of his lungs.  This
     anthracosis contributed to his pulmonary dysfunction.  Mr. Turner had
     severe bronchitis and recurrent pneumonia throughout the period of his
     life from his stroke until his death.  The anthracosis contributed to
     his pulmonary dysfunction and thereby directly contributed to his death.

Director's Exhibit 6.  

     The administrative law judge found that Dr. Howell's report of July 29, 1992
is cursory and neither well-reasoned nor well-documented.  Decision and Order at
6.  The administrative law judge further found that:

     Dr. Howell's report is particularly sketchy and unpersuasive, in light
     of the fact that he had apparently been the miner's treating physician
     since February 24, 1978; that there are only isolated references to COPD
     in Dr. Howell's medical notes; and [that] Dr. Howell had previously
     reported normal chest x-rays and normal resting arterial blood gases,
     and only a mild ventilatory defect on pulmonary function study which was
     attributed to a lack of muscle coordination.

Decision and Order at 6.  Thus, the administrative law judge concluded that the
evidence was insufficient to carry claimant's burden of proof pursuant to Section
718.205(c).

     Contrary to claimant's contentions, the administrative law judge considered
Dr. Howell's notes regarding the miner's treatment and his prior medical reports
as well as his status as claimant's treating physician.  Decision and Order at 6;
Director's Exhibits 7, 20.  

     Claimant argues that in this case arising within the jurisdiction of the
United States Court of Appeals for the Eleventh Circuit, the administrative law
judge is required to accord great weight to the examining physician's unequivocal
diagnosis.  Claimant's Brief at 3-4, 6, citing McClendon v. Drummond Coal
Co., 861 F.2d 1512, 12 BLR 2-108 (11th Cir. 1988).  We disagree.  In McClendon,
the court held only that an administrative law judge "was entitled to accord
greater significance" to an examining physician, not that he was required to do so. 
McClendon, 861 F.2d at 1514, 12 BLR at 2-109.  The Board similarly has held
that an administrative law judge may, but is not required to, assign greater weight
to the opinion of a treating physician.  Berta v. Peabody Coal Co., 16 BLR
1-69 (1992); Wetzel v. Director, OWCP, 8 BLR 1-139 (1985).

     Further, whether a medical report is sufficiently documented and reasoned is
for the administrative law judge as the fact-finder to determine.  See Clark v.
Karst-Robbins Coal Co., 12 BLR 1-149 (1989); Lucostic v. United States Steel
Corp., 8 BLR 1-46 (1985); Peskie v. United States Steel Corp., 8 BLR 1-126 (1985).  In this case, the administrative law judge permissibly found Dr.
Howell's July 29, 1992 opinion to be neither well-reasoned nor well-documented
because Dr. Howell did not state which factors he relied on in making his diagnosis
and failed to explain how his findings supported his diagnosis.  See Oggero v.
Director, OWCP, 7 BLR 1-860 (1985); York v. Jewell Ridge Coal Corp., 7
BLR 1-766 (1985).  Thus, we reject claimant's contentions of error and affirm the
administrative law judge's findings pursuant to Section 718.205(c).








     Accordingly, the administrative law judge's Decision and Order denying
benefits is affirmed.

     SO ORDERED.

                                                      
                         BETTY JEAN HALL, Chief
                         Administrative Appeals Judge


                                                      
                         JAMES F. BROWN
                         Administrative Appeals Judge


                                                      
                         NANCY S. DOLDER
                         Administrative Appeals Judge

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Footnotes.
 1)Claimant is Lillian E. Turner, widow of the miner, Clyde C.
Turner, who filed claims for benefits on December 19, 1973 and November 2, 1978,
which were ultimately denied when the Board affirmed Administrative Law Judge Reno
E. Bonfanti's Decision and Order on Remand denying benefits.  Director's Exhibit
20; Turner v. Director, OWCP, BRB No. 85-717 BLA (Feb. 19, 1987)(unpub.). 
The miner died on February 19, 1992, Director's Exhibit 5, and claimant filed a
survivor's claim on May 1, 1992, Director's Exhibit 1.
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 2)We affirm the administrative law judge's findings regarding
length of coal mine employment and pursuant to Section 718.202(a)(1) and (2) as
unchallenged on appeal.  See Skrack v. Island Creek Coal Co., 6 BLR
1-710 (1983).

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